STATUTE OF FRAUDS-Continued.

Action will lie to recover back money paid on agreement
invalid under statute, and which other party refuses to
perform, 238.

Agreement for lease signed by parties, but expressed to
be "subject to the preparation and approval of a
formal contract," not binding within the, 235,

Agreement for lease contained in offer, but not naming
Tessor, held not within the, 235.

Letter containing offer must be delivered, to come within
statute, 396.

Though contract void for not being within statute, yet
if party have partly performed action will lie up on
implied promise to pay, 398.

Contract to answer for debt, etc., of another, must be in
writing and founded on good consideration; illustra-
tion, 416.

Agreement of one as to payment of mortgage within the,
418.

STATUTE OF LIMITATIONS.

[See LIMITATION.]

STATUTES.

Where a statute creates a new right, and prescribes a
remedy for its enjoyment, the statute remedy must be
pursued, 77.

Statute authorizing turnpike company to collect its tolls
at its gates by stopping persons from passing through
until they have paid them, must be strictly followed,
and the company cannot recover such toll by suit un-
less an agreement is proved, 77.

The English statutes in force and abolished in this coun-
try collected, and the decisions thereunder referred to
in a learned note to the case of De Camp v. Dobbins,
449.

Extra-territorial force of, State v. Bunce, 465.
Where a statute creates a new offense and prescribes a
specific remedy, latter must be strictly followed, 156.
Right of action under repealed statutes, 198, 335.
STOCK, KILLING, BY RAILROADS.

[See NEGLIGENCE; RAILROADS.]

STREET RAILROADS.

[See NEGLIGENCE.]

SUICIDE.

[See HOMICIDE; LIFE INSURANCE.]
SUNDAY.

Effect of Sunday laws in Massachusetts upon right to
recover for injuries tortiously inflicted upon persons
acting in violation of those laws, 402.

SUPPLEMENTARY PROCEEDINGS.
[See PLEADING AND PRACTICE.]
SURETIES.

On attachment bond not dissolved by discontinuance by
plaintiff against one of the defendants in the original
action, 39.

Extending time of payment will release sureties on
promissory note, when, 253.

Delay in giving notice of non-payment will not discharge,
if not injured, 253.

SWAMP LANDS.

[See LAND LAW.]

TAXATION.

Property in hands of assignee in bankruptcy liable to
taxation under the state laws, 41.

Valuation of real estate for taxation under Kansas laws,
59.

Valid assessment made in compliance with the statute
necessary to support a tax. Schettler v. City of Fort
Howard, 68,

An assessment of property in a city on the basis of one-
third of its real value instead of "at the full value
which, could ordinarily be obtained therefor at private
sale," etc, is invalid, and the collection of a tax based
on such an assessment will be enjoined. Ibid.
Persons residing in Kansas not subject to taxation on
business or interests beyond the territory and jurisdie-
tion of the state, 119.

Lien of taxes upon realty at common law and under
statute, 139.

Land separated from cemetery by highway and used for
pasturage not exempt from, as "subservient to burial
uses," under charter of company, 158.

Power of cities under the constitution of Illinois to con-
tract indebtedness. Law v. People, 249.
City of Chicago has no power to levy tax for the expenses
of entertaining official visitors. Ibid.

TAXATION-Continued,

Bill for special tax purposes; depreciation in value of
party's property no defense, 357.

Liability of counties and districts in Arkansas for
special assessments. Boro v. Phillips County, 409.
The shares or stock of a national bank were taxed at
their full value, while other property was assessed at
from thirty to forty per cent. of its real value. Held,
that the discrimination was illegal aud unjust, and that
the bank was a proper party to maintain a bill to re-
strain its collection, 457.

TAX SALES.

Injunction to restrain issue of deed, lot having been
sold for non-payment of illegal tax, 18.

Violation of statutory rule of assessmennt vitiates tax,
and sale of land for non-payment of such tax will be
restrained, 18.

Effect of non-compliance with statutory requirements,
157.
Agreement of supervisors at time of sale that if title
fails they will secure purchaser, invalid, 297.

TELEGRAPH COMPANIES.

Cannot refuse to transmit message on the ground that it
was sent in bad faith or for an immoral purpose, 17.
TENDER.

To discharge the lien of a mortgage must be a tender of
the whole amount of the mortgage debt, not merely the
amount due at the time of the tender, 478.
Refusal of tender must be absolute, 498.
TORT.

Joint tort feasor cannot recover on right of action pur-
chased from injured party, 176.

Action for injury to crop by another's cattle an action of,
335.

TRADE MARKS.

Trade mark in name of place; similarity likely to de-
ceive; injunction, 395.

Person who has been, by right of some monopoly, the
sole manufacturer of a new article, and who has given
a new name to the new article, cannot claim that the
new name was to be attributed to his manufacture
after competitors were at liberty to go on and make the
same article, 395.

TRESPASS.

Railway company, without consent of owner or statutory
authority, taking possession of land liable for; measure
of damages; waiver, 19.

Jurisdiction of equity to issue injunction in aid of action
of, 23.

Civil and criminal actions distinct in trespass and cannot
be joined (Kansas), 40.

One cannot be held criminally for a trespass committed
by his cow, under city ordinance making the destruc-
tion of shade trees a criminal offense, 78.
Adjoining owners; trespass by cattle; common line fence,
196.

Timber was cut from lands of B by trespassers, who, by
their labor, converted it into cord wood and railroad
ties, increasing its value three-fold. It was then sold
to an innocent purchaser, who was sued by B for the
value of the wood and ties. Held, that B could not re-
cover the value of the timber as enhanced by the labor
of the wrong-doers, after it was severed from the
realty, 436.

TRIAL BY JURY.

[See PLEADING AND PRACTICE; CONSTITUTIONAL LAW.]
TROVER.

When maintainable between joint owners; destruction
of property by one joint owner, 236.

TRUSTS AND TRUSTEES.

Grantee of land holding purchase money in his hands
after it becomes due by agreement with the grantor to
indemnify himself from loss by reason of incumbrance
on the land, after removal of incumbrance holds money
in trust for grantor, 39.

Party holding one of a series of notes secured by chattel
mortgage who obtains possession of property mortgaged
holds it in trust for the owners of the notes, 39.
Invalidity of passive trusts, 75.

Trustees of religious corporation, in absence of a de-
clared trust, hold the property for the use of the so-
ciety, and not for the benefit of particular doctrines or
tenets of faith, 97.

Vice-President of corporation who has bought up claim
against company can not recover full amount, 121.
Where one of two joint trustees suffers the other to be-
come indebted to the trust estate, while it is becom.
ing indebted to himself, he is not entitled to a several
lien for his debt, 137.

TRUSTS AND TRUSTEES-Continued.

Purchase of certificates of a tax sale by a trustee will op-
erate as a redemption of the land from the tax sale,

137.

Fiduciary relation; sale by directors to their own com-
pany; full and fair disclosure, 195.

Legal estate passes by trust deed, and defects in the ex-
ecution cannot be shown in an action of ejectment.
Wells v. Caywood, 268.

The Effect of the Statute of Limitations on Actions to
Enforce Trusts. Editorial article, 283.

Resulting trusts in Pennsylvania must be enforced with-
in twenty-one years, 292.

Husband obtaining money on faith of agreement to buy
lands and taking title to himself, 297.

Where trustee in deed went into confederate lines, court
had no power to substitute sheriff to make sale, 357.
Trustee cannot make profits from estate for himself, 398.
That money was deposited in bank to eredit of "T. M.
Trust" not conclusive evidence that it was held sub-
ject to a trust, 435.

When trustee liable for acts of co-trustee, 435.
Parol agreement that absolute deed shall stand only as
security not void as creating a trust by parol. 435.
What will constitute a trust ex maleficio; purchase of
land under parol agreement for one having an interest
therein; denial of confidence thus created, 475.

Trust fund; application by depository to trustee's debt,
477.

TRUSTEES' SALES.

[See TRUSTS AND TRUSTEES.]

TURNPIKE COMPANY.

[See STATUTES.]

ULTRA VIRES.

The Doctrine of, Article by G. H. Wald, Esq., 2.
Purchase of promissory note by a national bank for pur-
pose of speculation, is, 56.

Insurance company established to effect insurances on
lives, but in deed of settlement allowed to effect in-
surances "against all and every kind of risk, special
aud general, etc.;" carrying on fire insurance business
held not ultra vires, 114.

Doctrine of, when invoked for or against a corporation
will not be allowed to prevail when it would defeat the
ends of justice or work a legal wrong.

v. McCarthy, 287.

O. & M. R. R.

Life insurance companies; investments; defense of ultra
vires, (Kas.) 336.

Covenant in deed not to use any building erected on the
land "otherwise than as and for a private residence
only and not for any purpose of trade," held to be
broken by use of building as a home for orphan daugh-
ters of missionaries, 62.

Deed containing covenant not to allow houses to be
used for sale of liquors; assignee with notice bound,
63.

Covenant in deed against encumbrances construed, 276.
VENDORS LIEN.

Vendor of undivided fourth interest in land after vendee
has made partition with the owners of the three-
fourths, can only assert his lien on the one-fourth al-
lotted to his vendee, 77.

Waiver of, 134.

Recission of mortgage; vendor's lien, 135.
Abandonment of, by taking mortgage, 378,

VENUE.

[See PLEADING AND PRACTICE.]

VERDICT.

[See PLEADING AND PRACTICE.]

WAGERS.

[See CONTRACTS.]
WAIVER.

Railway company occupying another's land without con-
sent or authority, guilty of trespass; neglect of owner
to restrain company by injunction, no waiver of his
right to damages, 19.

Filing in state court petition for removal of cause to
federal court, no waiver of fraud in procuring service
of process. Moynahan v. Wilson, 28.

Knowledge of fact that note is past maturity and no pre-
sentment has been made, or notice given to endorser,
necessary to make good waiver of such fact by promise
of an endorser to pay the note; proof of direct knowl
edge not essential. Givens v. Merchants National
Bank, 65.

Of vendor's lien, 134.

Of right to select property as exempt from execution.
Wright v. Deyoe, 386.

Of delivery of prisoner at place named in offer of re-
ward, 438.

By executory contract, of right to exemption, invalid, 439.
WAREHOUSEMEN.

Kentucky statute of March 6, 1869, "in relation to ware-
houses and warehouse receipts," still in force in that
state. Cochran v. Rippy, 88.

Warehouseman must be in possession of the goods at
the time he executes his receipt or voucher, 88.
Warehouse receipts are negotiable and transferable by
endorsement in blank, 88.

Validity of receipts in hands of bona fide holder not af-
fected by the fact that they were given in violation of
the statute as to warehousemen, 88.

WAREHOUSE RECEIPTS.

[See WAREHOUSEMEN.]

WARRANTY.

Implied warranty on sales of chattels; article by W.
Connor, Jr., 53.

Of vendor of negotiable school bonds that they are
genuine, 138.

Distinction between warranties and representations;
example, 196.

Effect of taking express warranty upon warranty implied
by law, 417.

WATERS AND WATERCOURSES.

[See RIPARIAN RIGHTS.]

WHARF.

Grant of, under Massachusetts ordinance of 1647; what
title passes, 137.

"WIDOWS AWARD."

[See DOWER.]

WIFE.

[See HUSBAND AND WIFE.]

WILLS.

A will written and signed in lead pencil is valid, 1.
Will explained by deed executed on same day, 38.
Devise to married woman who died before death of tes-
tator; husband not entitled to inherit (Ind.), 57.
Construction of devises to a man and his wife without
further de-cription, 139.

Degree of unsoundness of mind in a testator which will
justify a court of equity in setting aside will, 139.
Bequest of fund to trustees "for the interests of religion
and for the advancement of the kingdom of Christ in
the world as follows"-naming certain religious so-
cieties-not void for uncertainty, 142.

A testator devised lands to trustees, or the survivor of
them, and the heirs, executors and administrators and
assigns of such survivor in trust, to hold for a site for
a "Hospital for Foundlings," to be erected by an asso-
ciation to be incorporated by an act of Congress to be
passed, such corporation to be approved by the trus-
tees, their survivor or successors, and the land to be
held until a corporation should be created by act of
Congress, which should be approved by the trustees.
Held, 1. That the validity of charitable endowments
and the jurisdiction of courts of equity, never depend-
ed on the statute of 42d Eliz. chap. 4. 2. That the de-
vise was not void for uncertainty. 3. That it was not
void as creating a perpetuity. Ould v. The Washington
Hospital for Foundlings, 191.

Conversion of realty into personalty, 194.

Undue influence and weakness of testator grounds for
setting aside will, 256.

Devise to issue of such children as might be then dead
leaving issue; issue dying in lifetime of parent, 355.

WILLS-Continued.

Construction of "in the last sickness" of deceased in
Illinois statute as to nuncupative wills, 421.
"The residue of my estate I give and devise to the North
Reformed Church of Newark, in trust, that they may
use the same to promote the religious interests of said
church, and to aid the missionary, educational and
benevolent enterprises to which the said church is in
the habit of contributing," etc., is a good charitable
bequest. DeCamp v. Dobbins, 449.

A misnomer of the legatee will not defeat a gift. Ibid.
Third persons can not object to the capacity of a corpo-
ration to take such gift, on the ground that its property
already equals the amount limited by the general law
under which it is formed. The state alone can inter-
fere. Ibid.

If the character of a gift can be definitely determined,
and it appears that it is charitable in a legal sense, the

WILLS-Continued.

use of terms which would, if unexplained, render the
gift void, will not defeat the donor's purpose. Ibid.
WITNESSES.

[See EVIDENCE.]

WOMEN.

Some comments on the admission of, to the bar, and the
duty of courts, 199.

WORDS AND PHRASES.

[See INTERPRETATION.]
WRITTEN INSTRUMENTS.

[As to how far written instruments are subject to parol
explanation, see EVIDENCE.. As to construction of
particular words in written instruments see INTERPRE-
TATION]